License offer agreement

License agreement-offer for the right to use the Computer Program “Cavuer”.

This License Agreement is an offer from the Limited Liability Partnership “Cavuer”, BIN 240340012220, hereinafter referred to as the Licensor, to the User (any individual or legal entity), hereinafter referred to as the Licensee.

This License Agreement is deemed concluded from the moment of its acceptance by the Licensee. For the purposes of this License Agreement, acceptance is recognized as the fact of payment of remuneration under this License Agreement in the manner, terms and conditions determined by this License Agreement. By concluding this License Agreement, the Licensee also fully accepts the terms of the User Agreement, the text of which is posted by the Licensor on the Internet at https://cavuer.com/legal/terms.

1. Terms and Definitions

1.1. Program - a computer program "Cavuer" both as a whole and its components, which is a set of data and commands presented in an objective form, including source text, database, audiovisual works included by the Licensor as part of the Program, as well as any documentation on its use.

1.2. License type – a tariff plan selected by the Licensee from the list posted by the Licensor on the Internet at https://cavuer.com/pricing.

1.3. User Account – a record in the Licensor’s system and (or) in the Program that stores data that allows the Licensee to be identified and authorized as a user of the Program.

1.4. Registration is an action aimed at creating a User Account. Registration is voluntary. When registering, the Licensee is obliged to provide the Licensor with the necessary reliable and up-to-date information. The licensee is responsible for the accuracy, relevance, completeness and compliance with the legislation of the Republic of Kazakhstan of the information provided during registration and its purity from claims of third parties.

1.5. Personal Account is a specialized closed section of the Program, available to the Licensee after Registration, and intended for the Licensee to manage the Program and its settings. To enter the Personal Account, a unique username and password received by the Licensee during Registration are used.

1.6. Payment – ​​transfer by the Licensee of a license fee for the right to use the Program in accordance with the selected License Type. Payment can be made by any of the methods available through the Program interface. The choice of payment method is carried out by the Licensee independently.

1.7. Closing documents are documents confirming the fact of transfer to the Licensee of the corresponding license under this License Agreement.

1.8. Spam is an electronic message intended for an indefinite number of people, delivered to the addressee without their prior consent, and also does not allow identifying the sender of this message, including due to the indication of a non-existent or falsified sender's address.

2. Subject of the agreement

2.1. The subject of this License Agreement is the transfer by the Licensor of non-exclusive rights to use the result of intellectual activity - the computer program "Cavuer" - to the Licensee on the terms of a simple (non-exclusive) license by reproducing the Program (connecting to the Program via the Internet and opening access to the Licensor's server), exclusively for independent use by the Licensee without the right to sublicense to third parties.

2.2. Access to the server specified in clause 2.1. of this License Agreement is provided (opened) by the Licensor within one business day from the receipt of the remuneration specified in clause 8.1. of this License Agreement to the bank account of the Licensor.

2.3. The Licensor creates a User Account based on the data provided by the Licensee during Registration.

3. Exclusive rights

3.1. The computer program “Cavuer” is the result of the intellectual activity of the Licensor and is protected by copyright law.

3.2. The operating algorithms of the Program and its source codes (including their parts) are a trade secret of the Licensor. Any use thereof or use of the Program in violation of the terms of this License Agreement is considered a violation of the Licensor’s rights and is sufficient grounds for depriving the Licensee of the rights granted under this License Agreement.

3.3. The right to use the Program is granted only to the Licensee, without the right to transfer to third parties, solely to the extent specified in this License Agreement, unless there is a written consent of the Licensor to the contrary.

3.4. The Licensee is not granted ownership of the Program and its components, but only the right to use the Program and its components in accordance with the conditions specified in this License Agreement.

3.5. The Licensee is not granted any rights to use trademarks and service marks of the Licensor and (or) its partners.

3.6. The Licensee has no right to copy or distribute the Program and its components in any form, including in the form of source code, in any way, including renting, free use, or rental.

4. Terms of use and scope of rights granted

4.1. The Licensee may use the Program in the following ways:

• 24/7 (except for the time of maintenance) to access the Licensor’s server to use the Program and reproduce the graphical part (working interface) of the Program on the screen of the Licensee’s personal computer (other terminal device provided for in the documentation for the Program);
• Use all paid functionality of the Program in accordance with the description of the selected License Type;
• Reproduce documentation related to the Program for personal use;

4.2. The Licensor does not provide the Licensee with communication services, does not organize for him access to information systems of information and telecommunication networks, including the Internet, and does not carry out activities for receiving, processing, storing, transmitting, delivering telecommunication messages.

5. Rights and obligations of the parties to the contract

5.1. The licensor is obliged:

• Ensure 24/7 (except during maintenance) server availability for using the Program;
• Within one working day from the date of receipt of the remuneration specified in clause 8.1. of this License Agreement, to the bank account of the Licensor, to provide the Licensee with the opportunity (to open access) to use the Program;
• Without charging additional remuneration, provide the Licensee with technical support on issues related to the functionality of the Program, operating features on standard configurations of supported operating, mail and other systems in the manner and on the terms specified in the technical documentation for it;
• Ensure the confidentiality of data placed by the Licensee in the Program for the entire period of its presence on the Licensor’s server;
• Upon request of the Licensee, send Closing Documents to the Licensee.

5.2. The licensor has the right:

• Make changes to the Program without notice to the Licensee at any time and for any reason, including, but not limited to, in order to meet the needs of other licensees, competitiveness requirements, or to comply with regulatory requirements. The Licensor reserves the right to add new features and functionality to the Program or remove existing features and functionality from the Program;
• Block the Licensee's access to the Program if the Licensee violates the terms of this License Agreement or the User Agreement, the text of which is posted by the Licensor on the Internet at https://cavuer.com/legal/terms.

5.3. The licensee is obliged:

• Do not take actions or other attempts aimed at copying, modifying, decompiling (converting object code into source text), disassembling (analysis and research of object code) Programs;
• Strictly comply with the terms of this License Agreement and the User Agreement, the text of which is posted by the Licensor on the Internet at https://cavuer.com/legal/terms;
• Do not take actions in relation to the Program that violate the norms of the Republic of Kazakhstan and (or) international norms on copyright and the use of software;
• Provide the Licensor with all information and documents necessary for the Licensor to fulfill its obligations under this License Agreement.

5.4. The licensee has the right:

• Receive 24/7 (except during maintenance) access to the Licensor’s server to use the Program;
• Use all paid functionality of the Program in accordance with the description of the selected License Type in ways that do not violate the terms of this License Agreement, the User Agreement, the text of which is posted by the Licensor on the Internet at https://cavuer.com/legal/terms, the legislation of the Republic of Kazakhstan;
• Do not provide the Licensor with reports on the use of the Program.

5.5. The Licensee guarantees that:

• When processing personal data, the Licensee complied with all rights of personal data subjects;
• The licensee has received the consent of the subjects of personal data for the processing of personal data belonging to them.

6. Coverage area

6.1. This License Agreement is valid throughout the Republic of Kazakhstan.

7. Validity

7.1. This License Agreement comes into force upon acceptance of the terms of this License Agreement, confirmed by payment of the invoice issued by the Licensor to the Licensee, and is valid for the period established by the license and specified in the invoice issued by the Licensor to the Licensee, and is also automatically extended for a new period upon payment each subsequent license.

7.2. The date of conclusion of this License Agreement is the day of receipt of payment on the invoice issued by the Licensor to the Licensee, to the bank account of the Licensor.

7.3. In case of violation by the Licensee of the terms of this License Agreement, or the User Agreement, the text of which is posted by the Licensor on the Internet at https://cavuer.com/legal/terms, as well as the legislation of the Republic of Kazakhstan, the Licensor has the right to terminate this License Agreement early and immediately block access to the Program (including the Licensor’s server) without prior notice to the Licensee.

8. Reward

8.1. The Licensee pays the Licensor a license fee for the right to use the Program in accordance with the selected License Type in the amount established in the invoice issued in the manner provided for in clause 7.1 of this License Agreement.

8.2. The Licensee pays the invoice issued by the Licensor in the manner provided for in clause 7.1 of this License Agreement by one-time transfer, within the period specified in such invoice, of the entire amount of remuneration specified in such invoice to the Licensor’s bank account according to the details specified in such invoice.

8.3. The cost of the right to use the Program (the license fee specified in clause 8.1 of this License Agreement) is not subject to value added tax (VAT) on the basis of Articles 368 and 369 of the Tax Code of the Republic of Kazakhstan due to the fact that the Licensor is not a payer of value added tax in accordance with Articles 82 and 83 of the Tax Code of the Republic of Kazakhstan.

8.4. The Licensor has the right to unilaterally, when renewing this License Agreement, change the amount of remuneration for the right to use the Program in accordance with the License Types in force at the time of renewal.

8.5. If within five calendar days from the date of expiration of the license the Licensor has not received any claims from the Licensee related to the scope of the rights granted, then it is considered that the non-exclusive right to use the Program has been granted to the Licensee in accordance with this License Agreement in full and properly.

8.6. Early termination of this License Agreement is not grounds for the return of the license fee.

9. Responsibility

9.1. For failure to fulfill or improper fulfillment of obligations under this License Agreement, the Licensor and the Licensee are liable in accordance with the law.

9.2. The Licensor is not responsible for the inability to use the Program for reasons beyond the control of the Licensor.

9.3. The Licensor is not responsible for the content, accuracy and completeness of the information received by the Licensee when using the Program.

9.4. The Licensor is not responsible for the actions and decisions of the Licensee made on the basis of information received by the Licensee when using the Program, their consequences, as well as direct and indirect losses, including lost profits, resulting from the use of the Program.

9.5. The Licensor is not responsible if the Licensee violates the current legislation when using the Program, including, but not limited to:

• when sending messages without the consent of the recipients;
• when sending spam;
• when sending messages containing insults or slander;
• when sending messages that incite national, racial or religious hatred;
• when sending messages that violate the exclusive rights of the Licensor and other third parties.

10. Final provisions

10.1. For all other issues not directly regulated by this License Agreement, relations arising between the Licensor and the Licensee in connection with the use of the Program are governed by the User Agreement, the text of which is posted by the Licensor on the Internet at https://cavuer.com/legal/terms, legislation of the Republic of Kazakhstan and international law.

10.2. The Licensor has the right to unilaterally amend the terms of this License Agreement by publishing a new text of the License Agreement on the Internet at https://cavuer.com/legal/offer. The License Agreement amended in this way applies to the relationship between the Licensor and the Licensee that arose after the date of its publication, unless otherwise provided by the agreement between the Licensor and the Licensee.

10.3. At the request of the Licensee, this License Agreement can also be drawn up in the form of a single document signed by the parties. The procedure for drawing up the License Agreement in the specified form is established by the User Agreement.

10.4. The Licensee's unilateral refusal of this License Agreement is not permitted. Voluntary termination by the Licensee of the use of the Program (including deletion of the User Account) is not recognized as a refusal by the Licensee of this License Agreement (regardless of the fact of notification of this to the Licensor) and does not entail the obligation of the Licensor to recalculate and (or) return the remuneration paid by the Licensee in in the manner provided for in clauses 8.1-8.5 of this License Agreement.